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Moser v. Najafi (In re Goushey)

Moser v. Najafi (In re Goushey)

Ruling
Transferee who received undisclosed settlement check from debtor's lawyer, delivered by debtor, was an initial transferee and transfer could be avoided.
Procedural posture

Trustee brought an adversary proceeding against defendant transferee of funds from a bankruptcy debtor to satisfy a debt of the debtor's former spouse, seeking to recover the funds as an unauthorized postpetition transfer of estate property from the debtor's undisclosed settlement of a lawsuit. The trustee and the transferee cross-moved for summary judgment.

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Consumer opinion summary, case decided on June 17, 2011 , LexisNexis #0811-028